MAGIC ORIENTAL RUGS, INC., APPELLANT,
v.
ISABEL KOMOROWSKI AND WALTER KOMOROWSKI, APPELLEES
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PER CURIAM.
Assuming, without deciding, that the doctrine of res ipsa loquitur applies to the instant case as urged by the plaintiffs Isabel and Walter Komorowski and as found by the trial court below, this doctrine merely raises a permissible, not a compulsory, inference of negligence against the defendant Magic Oriental Rugs, Inc. in the accident sued upon. Accordingly, the trial court erred in entering summary judgment for the plaintiffs on the issue of liability in this negligence action. See, e.g., Marrero v. Goldsmith, 486 So. 2d 530, 531 (Fla.1986) (res ipsa loquitur “is a rule of evidence that permits, but does not compel, an inference of negligence under certain circumstances.”); Greyhound Corp. v. Ford, 157 So. 2d 427, 431 (Fla. 2d DCA 1963) (“Res ipsa loquitur raises an inference of negligence not a presumption. The doctrine will support a jury verdict but not a directed verdict_”).
The non-final order under review is reversed and the cause is remanded to the trial court for further proceedings.
Reversed and remanded.
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Sherry v. Regency Ins. Co. a/s/f Thomas & Bobbie Riginos & Thomas & Bobbie Riginos, 884 So. 2d 175 (Fla. 2d DCA 2004)…heory applied here, which the trial court did not decide, the doctrine of res ipsa loquitur creates only a rebuttable inference of negligence; it is not sufficient in itself to support a summary judgment. See Magic Oriental Rugs, Inc. v. Komorowski, 618 So. 2d 322 (Fla. 3d DCA 1993). Finally, Appellees were not entitled to judgment as a matter of law on the basis of trespass because trespass does not apply absent a showing of strict liability or negligence. The Restatement (Second) of Torts section 166 (1965…
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Morris v. Home Depot U.S.A., Inc., 673 So. 2d 520 (Fla. 5th DCA 1996)…n stacking the boxes. . § 90.803(5), Fla.Stat. . Reichenbach v. New Alamac Hotel Corp., 141 Fla. 797, 194 So. 250 (1940). . Goodyear Tire & Rubber Co. v. Hughes Supply, Inc., 358 So. 2d 1339 (Fla.1978). . Magic Oriental Rugs, Inc. v. Komorowski, 618 So. 2d 322 (Fla. 3d DCA 1993). . See Cardina v. Kash N’ Karry Food Stores, Inc., 663 So. 2d 642 (Fla. 2d DCA 1995). It is not clear whether res ipsa loquitur also requires a third element — that the plaintiff did not contribute to the accident. See Otis Eleva…
Authorities Cited
- The Greyhound Corp. v. Sudella Ford, 157 So. 2d 427 (Fla. 2d DCA 1963)
- Marrero v. Malcolm G. Goldsmith, M.D., 486 So. 2d 530 (Fla. 1986)